Apparatus, system and method for audio-visual content viewing using advertisement credit

ABSTRACT

An alternative system and method for charging to provide audio visual services typically made available by providers, namely DVR services, rDVR services, on-demand services, broadcast and switch video television services, and pay-per-view services, for example. A customer/user may be enabled to access certain services from a provider in exchange for viewing one or more commercials, advertisements, overlays, watermarks, logos, or the like, preferably in real time, before, during, or following viewing an audio visual work provided in accordance with the services.

CROSS-REFERENCE TO RELATED APPLICATIONS

This application claims, the benefit of priority to U.S. ProvisionalPatent Application Ser. No. 61/341,593, filed on Apr. 1, 2010 byinventor Thomas J. McWilliams, entitled “APPARATUS, SYSTEM AND METHODFOR AUDIO-VISUAL CONTENT VIEWING USING ADVERTISEMENT CREDIT,” theentirety of which is incorporated herein by reference as if set forth inits entirety.

BACKGROUND

1. Field of the Invention

The present invention relates to viewing audio-visual works, and, moreparticularly, relates to an apparatus, system and method for viewingaudio-visual works based on credits accrued for viewing advertisements.

2. Description of the Background

Although multimedia viewing has become exceedingly popular using on-linemechanisms, most audio-visual content is still viewed by television set.Thus, numerous features are offered in conjunction with television setsto provide audio-visual content, including, but not limited to, theproviding of standard or digital cable, satellite, on-demand showings,pay-per-view showings, and recorded showings, which may be recorded via,for example, a local personal digital video recorder (DVR) or a remotedigital video recorder (rDVR), such as a network digital video recorder(nDVR). A DVR is thus a device that records, onto a digital media,multiple audiovisual programs.

Those skilled in the art will appreciate that audio-visual content maybe provided, for example, from a cable head end or optical networkcentral office-type facility via one or more regional servers, such asedge servers and/or gateway servers, for presentation from broadcastfeeds, for recordation via a DVR, such as for presentation of switcheddigital, narrowcast, or like programming, and/or for presentation ofrDVR programming from in-network, video on-demand or pay-per-viewprogramming. These programming types may thus be provided by the headend- or central office-type facility, preferably through the regionalservers or offices, such as the aforementioned edge servers, forexample. Likewise, programming may be provided over a cellular orwireless network, such as via streaming, for storage local to atelevision set or for storage remote from the television set, forultimate display on a television set, for example.

Further, the aforementioned audio-visual services may be provided tocustomers entitled to receive such services, which entitlements may beindicated by, for example, having an account with a provider of theservices, and/or having equipment issued by the provider of theservices, that is identified as indicating a customer who is entitled tothe respective video service. The existence of such an account may beindicated by an identifier associated with, for example, a cable,satellite, cellular, wi-fi, or optical network receiver, such as a settop box (STB), tablet computer synched to a particular STB ortelevision, or an internet protocol based television (IPTV), forexample.

Irrespective of the audio-visual service ultimately provided to atelevision, or the manner of presentation of such a service, theavailable art is consistent in the manner of charging for theaforementioned services to a television set—namely, the manner ofcharging is by a subscription fee, such as a monthly subscription,quarterly subscription, annual subscription, or the like, and/or a peruse fee, such as a bandwidth consumption fee, or a one-time feegenerated when a user requests, such as via an STB, to download anon-demand movie for viewing to that STB. However, there are substantialdrawbacks with the standard method(s) of charging for video services,and particularly with these methods when charging for DVR, rDVR,on-demand or pay-per-view services. One such drawback is that manycustomers of a provider are foreclosed from paying the provider forthose services because those customers do not pay a monthly subscriptionfee to have the services available to those customers, for example. Inother words, and by way of example, if a customer does not pay a monthlysubscription fee to have DVR services available to that customer, theprovider necessarily can gain no income from DVR services in relation tothat customer. Thus, although most services made available by a providerare highly scalable, and although bandwidth is typically available toprovide such scalable services, the revenue pool from which providerscan gain revenue for certain services is limited based on the servicesalready provided by the provider to those customers who would otherwisedesire the services.

Therefore, the need exists for an alternative charging method for theprovision of audio-visual services by a provider to one or more usertelevisions.

SUMMARY OF THE INVENTION

The present invention is and includes an alternative system and methodfor charging to provide audio visual services typically made availableby providers, namely DVR services, rDVR services, on-demand services,broadcast and switched video television services, and pay-per-viewservices, for example. A customer/user may be enabled to access certainservices to her television from a provider in exchange for viewing oneor more commercials, advertisements, overlays, watermarks, logos, or thelike, preferably in real time, before, during, or following viewing anaudio visual work provided in accordance with the services. In order toinsure advertising income to the provider in exchange for the provisionof services, or discounted services, to the customer, it may optionallybe assured that the customer must view advertisements shown to thecustomer in the entirety and in real time, even when services aretypically provided on a receiving device connected to the televisionthat generally allow for fast forward or skip features, for example.

Thus, the present invention provides an alternative charging apparatus,system and method for the provision of audio-visual services by aprovider to one or more user televisions.

BRIEF DESCRIPTION OF THE FIGURES

Understanding of the disclosure will be facilitated by consideration ofthe following detailed description of the embodiments of the disclosure,taken in conjunction with the accompanying drawings, in which likenumerals refer to like parts, and wherein:

FIG. 1 is a block diagram illustrating a system and method foralternative charging to provide audio visual services typically madeavailable by providers;

FIG. 2 is a block diagram illustrating a hardware interconnection foralternative charging to provide audio visual services typically madeavailable by providers; and

FIG. 3 is a flow diagram illustrating a method of providing audio-visualcontent in accordance with the present invention.

DETAILED DESCRIPTION

It is to be understood that the figures and descriptions of thedisclosure have been simplified to illustrate elements that are relevantfor a clear understanding, while eliminating, for the purpose ofbrevity, many other elements found in typical apparatuses, systems andmethods for providing audio-visual content to television viewers. Thoseof ordinary skill in the art will thus recognize that other elementsand/or steps are desirable and/or required in implementing thedisclosure. However, because such elements and steps are well known inthe art, a discussion of such elements and steps is not provided herein.The disclosure herein is directed to all such variations andmodifications to such elements and methods known to those skilled in theart.

As used herein, the elements of an audio-visual distribution network maybe topically referenced in accordance with the meaning of such elementsto one of ordinary skill in the pertinent arts. For example, referenceto a DVR is to include, and/or may be alternately referred to inconjunction with, local and remote (rDVR) DVRs, personal video recorders(PVR), high definition DVRs (HDDVRs) and standard definition DVRS(SDDVRs), and the like. Also, as used herein, a DVR includes not onlyany hardware, but additionally any software, and the DVR service itself,necessary to provide the digital recording and/or digital video displaycapability discussed hereinthroughout. As such, as used herein, a DVRincludes the providing of DVR-type services, such as the display ofdigital video to a television, to or by, for example, a set top box(STB), a satellite receiver, a fiber optic network receiver, a wi-fireceiver, a computing device, such as a tablet computer, an InternetProtocol television (IP TV), and like devices.

As illustrated in FIG. 1, the present invention provides an alternativesystem and method 10 for charging to provide, to a television, audiovisual services typically made available by providers, such as cabletelevision providers, namely DVR services, rDVR services, on-demandservices, broadcast and switch video television services, andpay-per-view services 14, for example. As illustrated in FIG. 1, acustomer 12 may be enabled to access certain services 14 from a provider16 in exchange for viewing one or more commercials, advertisements,overlays, watermarks, logos, or the like 20, preferably in real time,before, during, or following viewing an audio visual work provided to atelevision 24, such as via, for example, a user device 22 associatedwith the user's television 24, in accordance with the services 14. Asreferenced, it may be preferable that, in order to insure advertisingincome to the provider in exchange for the provision of the services atno charge, or at a discount, to the customer, it be assured that thecustomer must view advertisements shown to the customer in the entiretyand in real time, even when services are provided that generally allowfor execution by the user device 22 of fast forward or skip features ofthe display on television 24, for example.

For example, a user may wish to use a DVR service in order to record,and later view, an audio-visual work. Either prior to allowing the userto perform the recording, such as in order to save bandwidth, or priorto the user viewing a recording, the user may be asked to agree to watcha predetermined number of advertisements, such as three advertisements,in real time prior to viewing the recorded program. Pursuant to viewingthe three commercials, the user may be provided with the recordedprogram, either for free or at a discount from typical charges for suchservices, in accordance with a billing monitor 30. Of course, duringviewing of the program, the user may further be asked to view one ormore additional commercials in the entirety, such as every 15 minutes ofviewing time, for example. Likewise, the system of FIG. 1 may beapplicable to an on-demand environment, in which a user is asked toagree to view one or more commercials, in real time, either at the startof and/or throughout the requested on-demand program, and for which theuser is offered the program at a free, or discounted, rate. As such, thepresent invention is not limited by the previous exemplary embodimentsas to the services that may be delivered in accordance with the presentinvention. Additionally, the user may be asked to accept the continuousdisplay, such as in the corner of a television screen, of a watermark,overlayed advertisement, banner advertisement, or the like, by way ofnon-limiting example.

Thereby, providers may make available to users who do not pay a monthly,quarterly, annual, or similar subscription fee, on a case-by-case usebasis, scalable services that are already provided by the provider toother users of that provider. Further, it is estimated that the presentinvention may provide increased revenue on a per user, per month basisover the monthly subscription charges typically charged at present for,for example, DVR services, at least in that revenue may be generatedfrom advertisers as well as users (unlike in current on-demandembodiments, for example), and from users who may use a service on aper-use basis more often than expected.

FIG. 2 illustrates with specificity an exemplary hardware embodiment ofthe hardware and firmware illustrated in, and discussed with respect to,FIG. 1. More particularly, FIG. 2 illustrates a user device 22, such asa STB, including a processor 102, at least one output to a television104 a, and a plurality of inputs 106 a, b, c, including a user interfaceinput 106 b and one or more channel inputs 106 a. The one or morechannel inputs may be received from one or more remote and/orintermediate and/or regional servers, such as one or more edge servers110, one or more gateway servers 112, one or more central office-typefacilities 16, and the like. The processor 102 may have associatedtherewith memory serving to store computing code executable by processor102, which computing code, when executed by processor 102, may cause tobe effected the various steps and aspects discussed hereinthroughout.

Those skilled in the art will appreciate, in light of the disclosureherein, that user devices 22 may be serially connected for ultimateoutput of an audio-visual work on television 24. For example, a centraloffice 16 may connect, such as directly to or via one or more gateways112 or edge servers 110, a nDVR 22, and programs recorded on a nDVR 22remote from television 24 may be accessed for display on television 24by STB or tablet computer 22 located locally to television 24 uponviewing of the requisite advertisement(s) on television 24 as confirmedby STB or tablet computer 22. Each server 16, 110, 112 may haveassociated therewith a plurality of processors and computing memory,wherein the memory serves to store computing code executable by theprocessors, which computing code, when executed by a one or more of theprocessors, may cause to be effected the various steps and aspectsdiscussed hereinthroughout.

User 12, interfacing with a user interface input to device 22, mayrequest a service from one or more of the servers 16, 110, 112, such asthe recordation of a program generally received by device 22 over theone or more channel inputs 106 a. In such an instance, the user requestconstitutes a request for operability of the one or more servers 16,110, 112 as a rDVR. Responsive to the user request, one or more of theservers may serve as the rDVR, in this exemplary embodiment, and mayrecord the requested program. The rDVR may further key the recordedprogram to the identifier of that user's end-point user device 22 (i.e.the user device 22 that is directly connected, via wire or wirelessly,to television 24).

After making the request, and upon attempting to view the recordedprogram or continuously or at one or more points during viewing of therecorded program, the user may be served one or more advertisements inexchange for the user's use of the recordation and storage service. Suchadvertisements may be served from an in-network ad server 120 controlledby the provider, or from an out-of-network ad server 122, for example,wherein the ad server 120, 122 may be communicatively connectedinterstitially between nodes (such as between gateway server 116 andedge server 110) of the service provider network having a connection touser 12.

The advertisements selected may be selected for production from adserver 120, 122 based on a communication between the central office-typefacility 16 and an intermediate and/or regional server 110, 112, basedon communication directly from the central office-type facility 16 tothe STB 22, based solely on selection by the intermediate and/orregional server 110, 112 providing the rDVR service, and/or by anexternal or third party server in communication with the intermediateand/or regional server 110, 112 providing the rDVR service or the STB22, for example. The advertisement may or may not be based on a userprofile 130 correspondent to the user and/or the user's use of at leastone of the user device 22, which profile may be resident at the userdevice 22, at the central office-type facility 16, or at any otherserver in the network or external to the network. It goes without sayingthat the use of a STB, different server types, different advertisementand ad server types, and the profile types illustrated in FIG. 2 areexemplary in nature, and those skilled in the art will appreciate theoperability of the present invention for numerous device types, servertypes and locations, advertisements, advertisement types, ad servers,and the like, in light of the discussion herein.

Needless to say, users who pay a monthly fee for, for example, a DVRservices subscription, may additionally make use of the presentinvention, such as by receiving an account credit for each recordedprogram watched that is preceded by real time commercials at the requestof the user. Thus, service subscription users, and/or users thattypically pay for, for example, on-demand services in full on a per usebasis, may make an alternative use of the present invention. As such, auser may be asked, such as prior to any use of certain services, whetherthe user wishes to view commercials in at least partial exchange forreceiving the services, although such a request upon each use is notnecessary in accordance with the present invention. Those skilled in theart will appreciate that the provision of commercials may actuallyconserve bandwidth through the use of the present invention, at least inthat commercials may be shown while a program or service is downloaded,streamed, or the like to user device 22 local to television 24, forexample.

Of course, the present invention may thus provide use for users inexchange for account credits, reduced subscription fees, reduced per usefees, waiver of per use fees, and the like, and may additionally provideincome from users who do no presently pay subscription fees, per usefees, or the like. Such users not presently paying fees to providersinclude those users that do not make use of on-demand capabilities,DVRs, rDVRs, and/or who do not presently pay for broadcast and/orswitched digital programming access, by way of non-limiting example.

Moreover, the present invention may allow for highly targetedadvertising opportunities. For example, to the extent a user pays asubscription fee and has identifying information associated with theuser's account and/or the user's STB usage, commercials may be providedto that user in accordance with that user's profile information. To theextent the user does or does not have an account with the provider, ordoes not have sufficient identifying profile information with theprovider, the user's prior use, such as on-demand videos downloaded inexchange for commercials, STB usage, or programming recorded by a DVRservice in exchange for commercials, may give a profile indication tothe provider of the interest of the user, and thereby allow for targetedadvertisements to be produced.

Further, the present invention may allow for multiple tiers ofadvertisers. For example, DVR services may have a sponsoring advertiser,included in or in addition to the commercials shown to the user. Such asponsor advertiser for DVR services may always be the first ad shown tothe user, operating under the assumption that the first ad is mostlikely to be viewed in full by the user, and/or the sponsor may have alogo overlayed on the DVR playback, for example. In certaincircumstances, such as wherein the DVR programming is being viewed froma rDVR and/or via an IPTV, the logo, such as the overlay or watermark,may allow for user interaction, wherein a user may interact with a logoto access additional information with regard to the sponsor, either inassociation with metadata associated with the programming, or via linkto an external website, for example.

As such, the advertisement in accordance with the present invention maybe provided in any number of formats. For example, the advertisement maybe provided on the full screen, prior to, or intermittently during, theaudio-visual presentation. Alternatively, the advertisement may pop up,and/or may fill only a portion of the screen, with at least a portion ofthe programming, preferably in a paused mode, viewable beneath or asidethe advertisement. Thereby, product tie-ins may be provided inconjunction with an advertisement. For example, a portion of the pausedprogram may be predeterminately paused when a character in theprogramming is shown drinking a Coca-Cola product. The advertisementthat is shown may then be an advertisement for Coca-Cola, and/or mayinclude audio explaining that an upcoming portion of the program is“brought to you by the Coca-Cola company.” Similarly, advertisementsproduced may include watermarks, interactive overlays or menus, flashwidgets, and the like.

FIG. 3 is a flow diagram illustrating a method in accordance with thepresent invention. In the illustrated method 300, a user communicativelyconnected to a provider network may request via a user interface device,at step 302, one or more provider services, such as DVR service,on-demand service, or the like. At step 304, the network providerassesses, such as at a central facility, whether the requesting user isa subscriber for the requested service. If the user is a subscriber forthat service, the requested service is provided at step 306. If user isnot a subscriber for that service at step 304, the user may optionallybe asked at step 308 whether the user wishes to receive the service at adiscounted or free cost on a per-use basis, pursuant to viewingadvertisements in association with the requested service.

If the user indicates a desire to receive the service inclusive ofadvertisements, an ad server may be accessed at step 310, whichaccessing of the ad server may include an indication to the ad server ofthe preferences or profile of the requesting user, such as may be storedin association with an edge server, gateway server, or central facility,by way of non-limiting example. The requested service may then beprovided to the user, at step 312, in conjunction with theadvertisements served by the ad server.

Although the disclosure has been described and pictured in an exemplaryform with a certain degree of particularity, it is understood that thepresent disclosure of the exemplary form has been made by way ofexample, and that numerous changes in the details of construction andcombination and arrangement of parts and steps may be made withoutdeparting from the spirit and scope of the disclosure as set forth inthe claims hereinafter.

1. A system for provision of at least one audio-visual service to atelevision, comprising: a receiver capable of receiving an electronicuser request for the audio-visual service; a server communicativelyconnected to said receiver capable of providing the audio-visual serviceresponsive to the request; an ad server capable of serving one or moreadvertisements to the user in conjunction with the audio-visual service,wherein said ad server is communicatively connected to at least saidserver; at least one digital input to said receiver capable of receivingat least the audio-visual service from said server, and the one or moreadvertisements from said ad server corresponded to the audio-visualservice at least partially over the communicative connection betweensaid server and said ad server, and capable of electronicallyinstructing the audio-visual service and the one or more advertisementsto be contemporaneously displayed on the television via said receiver;wherein the one or more advertisements comprise at least partialpayment, by the user, for the audio-visual service.
 2. The system ofclaim 1, wherein the audio-visual service comprises a digital videorecording service.
 3. The system of claim 1, wherein the audio-visualservice comprises a video-on-demand service.
 4. The system of claim 1,wherein said receiver comprises a set top box.
 5. The system of claim 1,wherein said receiver comprises a tablet computer.
 6. The system ofclaim 1, wherein said receiver comprises an internet protocoltelevision.
 7. The system of claim 1, wherein said server comprises acentral facility.
 8. The system of claim 1, wherein said servercomprises an edge server.
 9. The system of claim 1, wherein said servercomprises a gateway server.
 10. The system of claim 1, wherein thecontemporaneous display comprises display of at least one of the one ormore advertisements immediately prior to at least a portion of theaudio-visual service.
 11. The system of claim 1, wherein thecontemporaneous display comprises a watermark.
 12. The system of claim1, wherein the contemporaneous display comprises an overlay.
 13. Acomputerized method of providing, responsive to a user request, anaudio-visual service to a video receiver connected to a television,comprising: receiving a request via a user interface for theaudio-visual service; assessing, via at least one database, whether arequesting user comprises a subscriber for the requested audio-visualservice; if the requesting user is a subscriber, providing the requestedaudio-visual service responsive to said assessing; if the requestinguser is not a subscriber, inquiring to the requesting user over anetwork of a provider of the audio-visual service as to whether therequesting user wishes to receive the requested audio-visual service ona per-use basis pursuant to viewing at least one advertisement inassociation with the requested audio-visual service; receiving anaffirmative response from the requesting user responsive to saidinquiring; downloading to the video receiver, for display on thetelevision, of the requesting user the audio-visual service at leastpartially interlaced with the at least one advertisement.
 14. Thecomputerized method of claim 13, wherein the audio-visual servicecomprises one selected from the group consisting of a digital videorecording service and a video-on-demand service.
 15. The computerizedmethod of claim 13, wherein the video receiver comprises one selectedfrom the group consisting of a set top box, a tablet computer, and aninternet protocol television.